Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
In re Interest of Tamika S. et al., 3 Neb. App. 624, 529 N.W.2d 147 (1995)<br />
The <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines apply in juvenile cases where child support<br />
is ordered.<br />
Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335, (2008)<br />
[W]e have never held that the absence of a child support worksheet provides a<br />
basis for a collateral attack on a final judgment. Once the [child support] order<br />
became final, even without a worksheet, it was enforceable.<br />
Kearney v. Kearney, 11 Neb. App. 88, 644 N.W.2d 171 (2002)<br />
A court may deviate from the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines whenever the<br />
application of the guidelines in an individual case would be unjust or inappropriate.<br />
Lebrato v. Lebrato, 3 Neb. App. 505, 529 N.W.2d 90 (1995)<br />
A payment to a bankruptcy plan in and of itself is not sufficient to rebut the<br />
presumption that the guidelines should be applied or to require a deviation from the<br />
guidelines to avoid an unjust result.<br />
Lucero v. Lucero, 16 Neb. App. 706, 750 N.W.2d 377 (2008)<br />
[§ 4-203] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provides that all stipulated<br />
agreements for child support must be reviewed against the guidelines and if a<br />
deviation exists and is approved by the court, specific findings giving the reason for<br />
the deviation must be made.<br />
[§ 4-212] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provides that when a specific<br />
provision for joint physical custody is ordered and each party’s parenting time<br />
exceeds 142 days per year, it is a rebuttable presumption that support shall be<br />
calculated using worksheet 3. Paragraph L of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong><br />
Guidelines provides that when a specific provision for joint physical custody is<br />
ordered and one party’s parenting time is 109 to 142 days per year, the use of<br />
worksheet 3 to calculate support is at the discretion of the court.<br />
[§ 4-210] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provides that when there are<br />
visitation or parenting time periods of 28 days or more in any 90-day period, support<br />
payments may be reduced by up to 80 percent.<br />
The parent claiming a deduction for health insurance must show that he or she has<br />
incurred an increased cost to maintain the coverage for the children over what it<br />
would cost to insure himself or herself.<br />
Molczyk v. Molczyk, 285 Neb. 96, ____ N.W.2d ____, (January 2013)<br />
Under the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines, unless the minimum support rule<br />
applies, a parent’s total support, child care, and health care obligations cannot<br />
reduce the obligor’s net income below the minimum net monthly income for one<br />
person that will exceed the federal poverty threshold.<br />
In a marital dissolution action, to determine an obligor’s net income for calculating<br />
support obligations, a court subtracts the following annualized deductions from the<br />
obligor’s gross income: taxes, FICA, allowable retirement contributions, previous<br />
court-ordered child support to other children, and allowable voluntary support<br />
payments to other children.<br />
- 86 -